§ 1900.02. Definitions.
817 words·~4 min read·
/us/cfr/t32/s§ 1900.02·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this part, the following terms have the meanings indicated:
(a)Agency or CIA means the United States Central Intelligence Agency acting through the CIA Information and Privacy Coordinator.
(b)Agency Release Panel
(ARP)means the Agency's forum for reviewing information review and release policy, assessing the adequacy of resources available to all Agency declassification and release programs, and considering administrative appeals in accordance with this part.
(c)Business days means calendar days when the Agency is operating and specifically excludes Saturdays, Sundays, and legal public holidays. Three
(3)business days may be added to any time limit imposed on a requester by this part if responding by U.S. domestic mail; ten
(10)business days may be added if responding by international mail.
(d)Chief FOIA Officer means the senior CIA official, at the CIA's equivalent of the Assistant Secretary level, who has been designated by the Director of the CIA
(DCIA)to have Agency-wide responsibility for the CIA's efficient and appropriate compliance with the FOIA.
(e)CIA Information and Privacy Coordinator or Coordinator means the official who serves as the Agency manager of information review and release activities implementing the FOIA.
(f)Direct costs means those expenditures that CIA actually incurs in the processing of a FOIA request; it does not include overhead factors such as space; it does include:
(1)Pages, which means paper copies of standard office size or the dollar value equivalent in other media;
(2)Duplication, which means generation of a copy of a requested record in a form appropriate for release;
(3)Review, which means all time expended in preparing a record for release, including examining a record to determine whether any portion must be withheld pursuant to law and in effecting any necessary deletions but excludes personnel hours expended in resolving general legal or policy issues regarding the application of exemptions; and
(4)Search, which means all time expended in looking for and retrieving material that may be responsive to a request utilizing available paper and electronic indices and finding aids, including time spent determining whether records located during a search are responsive to the request.
(g)Fees means those direct costs which a requester may be assessed considering the categories established by the FOIA; the fee categories include:
(1)Commercial use. Requests in which the disclosure sought is primarily in the commercial interest of the requester and which furthers such commercial, trade, income or profit interests, which can include furthering those interests through litigation.
(2)Educational or non-commercial scientific institution, or a representative of the news media---(i) Educational or non-commercial scientific institution. Requests made under the auspices of an accredited United States institution engaged in scholarly or scientific research and which are for information not for commercial use, but rather intended to be used in specific scholarly or scientific works.
(ii)Representative of the news media. Requests from any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. The term news means information that is about current events or that would be of current interest to the public. Examples of news media include television or radio stations broadcasting to the public at large, and individual or corporate publishers of periodicals that disseminate "news" and make their products available through a variety of means to the general public, including news organizations that disseminate solely on the internet. "Freelance" journalists who demonstrate a solid basis for expecting publication through a news media entity will be considered a representative of the news media. A publishing contract would be the clearest proof that publication is expected, but the Agency may also look to the past publication record of a requestor in making this determination.
(3)All other. Requests not described in paragraph (g)(1) or
(2)of this section.
(h)FOIA Public Liaison means the CIA supervisory official(s) who shall assist in the resolution of any disputes between a FOIA requester and the Agency and to whom a FOIA requester may direct a concern regarding the service he or she has received from CIA and who shall respond on behalf of the Agency as prescribed in this part.
(i)FOIA Requester Service Center means the office within the CIA where a FOIA requester may direct inquiries regarding the status of a FOIA request he or she filed at the CIA, requests for guidance on narrowing or further defining the nature of scope of his or her FOIA request, and requests for general information about the FOIA program at the CIA.
(j)Interested party means any official in the executive, military, congressional, or judicial branches of government, United States or foreign, or U.S. Government contractor who, in the sole discretion of the CIA, has a subject matter or physical interest in the documents or information at issue.